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Statute even before we ratified iL Even then, this
ratification gives us the added value of being part
of an international treaty regime centered around
the ICC, the various mechanisms and resources of
which we now have access to as a State-Party. More
so now that a Filipino in the person of Senator
Miriam Defensor-Santiago has since been elected
as a judge of the ICC.
The potential of this access in terms of securing
appropriate assistance for our overall efforts in
effecting IHL has yet to be really studied. What
is clear, in general terms, is that in so far as the
Rome Statute and the ICC represent the highest
development of international criminal law to date,
then our linkage to this judicial and jurisprudential
technology cannot but help upgrade our own
criminal justice system, itself a much needed
judicial reform. Some aspects of criminal law
reform are actually already embodied in RA 985I."
With RA 9851, Judge Soliman said that there has
been a corresponding raising of consciousness
of IHL as a distinct normative frameworh most
notably in the AFP. One concrete "small" example,
he said, is that our soldiers now recite "pledges
of commitmenf to IHL. Further, he quoted
ROUNDTABLE DISCUS5ION
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AFP Chief of Staff Gen. Eduardo Oban wh<r
said that'There is no place for barbarism in the
noble profession of arms. In fac! our profession
demands that we remain as humane as possible
even in the face of beasfly and savage aqgressors."
Judge Soliman said that this is a "small" pledge for
the soldier, but a giant leap for the armed forces.
He noted the observation of civil society quarters
that "there is a generally improved adherence
to human rights and IHL among uniformed
personnel, with less violations committed by those
who have undergone education and training in
human rights and IHL, which is now the main
effort of the AFP Human Rights Office."
Judge Soliman added that'what may be the real
giant leap, no less than a major paradigm shift, for
the AFP is a strong plafform on human rights-lHL
rule of law, accountability and civilian engagement
offered by its IntemalPeace and Security Plan
(IPSP) Bayanihan,which in tum relates to security
sector reform, including defense
refom." He said
"the aspect of civilian engagement in general is also
particularly relevant to the promotion of human
rights and IHL because these causes are traditional
advocacy issues of civil society organizations (CSOs)."